- 1 - HC-KAR NC: 2025:KHC-D:7653 MSA No. 100111 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS SECOND APPEAL NO.100111 OF 2022 (RO) BETWEEN: 1. RAVINDRA S/O VAMANRAO DESHPANDE, AGED ABOUT 57 YEARS, OCC: SERVICE, R/O: KILLA GALLI, BAGALKOT, TQ: AND DIST: BAGALKOT-587 116. 2. ACHHUT S/O VAMANRAO DESHPANDE, AGED ABOUT 57 YEARS, OCC: SERVICE, R/O: KILLA GALLI, BAGALKOT, TQ: AND DIST: BAGALKOT-587 116. 3. PALLAVI W/O PRALLAD DESHPANDE, AGED ABOUT 42 YEARS, OCC: HOUSEHOLD WORK, R/O: KILLA GALLI, BAGALKOT, TQ: AND DIST: BAGALKOT-587 116. 4. PRADEEP S/O BINDURAO DESHPANDE, AGED ABOUT 47 YEARS, OCC: NIL, R/O: NEAR MUNICIPALITY, BILAGI, DIST: BAGALKOT-587 116. 5. SONABAI W/O GOPAL DESHPANDE, SINCE DECEASED BY HIS LR’S APPELLANTS 5 AND 6. ARUN S/O GOPAL DESHPANDE, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, 6. ANJU S/O GOPAL DESHPANDE, AGED ABOUT 39 YEARS, OCC: AGRICULTURE, APPELLANTS 5 AND 6 ARE R/O: PLOT NO. 374, ANUGRAH HOUSE, KIRTHI NAGAR, B. BAGEWADI ROAD, BIJAPUR-586 101. … APPELLANTS (BY SRI. SANTOSH B. MANE, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7653 MSA No. 100111 of 2022 AND: 1. SMT. GANGAWWA W/O MALLAPPA UKKALI, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O: FARM HOUSE IN SY NO. 287/A, WARD NO.I, BILAGI, DIST: BAGALKOT-587 116. 2. SHRISHAIL S/O GADIGEPPA UKKALI, SINCE DECEASED BY HIS LR’S., 2A. ANASUYA @ ANASAWWA W/O SHRISHAIL UKKALI, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD WORK, 2B. SURESH S/O SHRISHAIL UKKALI, AGED ABOUT 27 YEARS, OCC: PVT. SERVICE, 2C. MAHANTESH S/O SHRISHAIL UKKALI, AGED ABOUT 23 YEARS, OCC: NOT KNOWN, ALL ARE R/O: NEAR MALLIKARJUN TEMPLE, KUMBAR AGASI ONI, WARD NO.1, BILAGI, DIST: BAGALKOT. 2D. SMT. NIRMALA W/O RANGAPPA SARWAD, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD WORK, R/AT: POST SONNA BILAGI TALUK, DIST: BAGALKOT. 3. MAHADEVAPPA S/O GADIGEPPA UKKALI, AGED ABOUT 42 YEARS, OCC: AGRICULTURE LABOURER, 4. NINGAPPA S/O MALLAPPA UKKALI, AGE: 32 YEARS, OCC: WORKMAN BILAGI SUGAR MILL LTD., BADAGANDI, ALL R-2 TO 4 ARE RESIDENT OF BILAGI, TQ: BILAGI, DIST: BAGALKOT-587 116. … RESPONDENTS (R1, R2(A, B AND D), R3 AND R4-SERVED AND UNREPRESENTED; R2(C)-NOT CLAIMED) THIS MSA IS FILED UNDER SECTION 43 RULE 1(U) OF THE CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 25.01.2022 PASSED IN RA NO.01/2019 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, BILAGI AND REMANDING THE MATTER BACK TO THE TRIAL COURT FOR FRESH - 3 - HC-KAR NC: 2025:KHC-D:7653 MSA No. 100111 of 2022 CONSIDERATION BY SET ASIDE THE JUDGMENT AND DECREE DATED 18.08.2018 PASSED IN OS NO.98/2010 ON THE FILE OF THE LEARNED CIVIL JUDGE AT BILAGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) There are three suits are filed. The plaintiff has filed the suit for declaration and consequential relief of injunction praying to declare that the plaintiff is the possessory owner of the suit property. The Trial Court has dismissed the suit on merits. Against which, the plaintiff has preferred Regular Appeal No.1/2019 before the First Appellate Court and the First Appellate Court has set aside the judgment and decree passed by the Trial Court and remanded the matter to the Trial Court for fresh consideration in accordance with law. 2. Heard the learned counsel for the appellants. 3. Though notice served to respondents, they remained absent. - 4 - HC-KAR NC: 2025:KHC-D:7653 MSA No. 100111 of 2022 4. This Court on 17.01.2025 in MSA No.100108/2022, ordered that the First Appellate Court shall hear all the three appeals, which were preferred against the judgment and decree passed in the suits and decide the case on merits without remanding the case to the Trial Court. 5. The present case is also squarely covered by the said order passed in MSA No.100108/2022 on 17.01.2025. Therefore, the First Appellate Court shall dispose of the appeal on merits without remanding the case to the Trial Court. 6. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and decree dated 25.01.2022 passed in RA No.01/2019 on the file of Senior Civil Judge and JMFC, BILAGI, is set aside. - 5 - HC-KAR NC: 2025:KHC-D:7653 MSA No. 100111 of 2022 iii. The appeal in R.A.No.01/2019 is remanded to the First Appellate Court for consideration on merits as per law. iv. The First Appellate Court shall hear and decide the case on merits without remanding the case to the Trial Court. v. The First Appellate Court is directed to dispose off the appeal as per law. vi. The appellants shall appear before the First Appellate Court on 01.07.2025 without expecting any notice from the Court. vii. The First Appellate Court shall issue notice to the respondents. viii. The First Appellate Court shall pass order as expeditiously as possible. ix. All contentions are kept open. x. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 6